A product liability claim may arise from any form or transaction relating to a product, however, the term ‘product liability’ is generally associated with injuries which consumers of products have sustained as a result of a defect in a product and a subsequent claim is brought against the manufacturer of the product for compensation.

The majority of product liability claims in the UK are brought under the Consumer Protection Act 1987 which enables a consumer to bring a product liability claim against a manufacturer of a product that could be shown to have caused the consumer personal injuries. In certain circumstances, product liability claims evolve into ‘group actions’ such as the PIP breast implant claims and DePuy ASR hip implant claims. Garden House Solicitors are currently in receipt of numberous instructions in respect of the PIP and DePuy ASR litigation

There are four main types of claim that can be brought under the Consumer Protection Act 1987:

1. Manufacturing – where contamination of a product has occurred in a factory or batch of products has been damaged during the manufacturing process or where a quality control procedure has not identified a damaged batch. If you suffer an injury as a result of a problem with the manufacturing process by the manufacturer you may be entitled to make a product liability claim.

2. Design – where a product has not been well designed and you suffer an injury as a result, you may be entitled to make a product liability claim.

3. Warnings – manufacturers have a legal obligation to ensure that any product they sell within the EU has an adequate warning where there is a potential hazard to the consumer’s health. If a manufacturer fails to place a sufficient warning on its product and you are injured as a result, you may be entitled to make a product liability claim.

4. Failure to Recall a Product or Announce a Warning – where a manufacturer discovers a problem and fails to announce that a problem with the product exists and you suffer a personal injury as a result, you may be entitled to make a product liability claim.

Any product has the potential to cause you injury whether it is an electrical appliance, food and drink, a toy, motor vehicle or medical device, such as a hip implant or vaccine.

However, defective products do not have to cause you an injury. If a defective product has caused damage to your property you may also be entitled to make a product liability claim.

Garden House Solicitors has the experience to handle product liability claims on an individual basis or as a group action and in many circumstances we can advise you on a Conditional Fee Agreement (No Win No Fee).

If you have suffered a personal injury or your property has been damaged as a result of a faulty or defective product please contact Kevin Timms in the product liability team at Garden House Solicitors on 01992 422 128 or email him at kevin@gardenhousesolicitors.co.uk.